Statute/Rule References:
11 U.S.C. § 523(d) -- Attorneys' Fees in Dischargeability Action
Key Terms:
Consumer Debt
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Opinions
The Western District of Wisconsin offers a database of opinions for the years 1986 to present, listed by year and judge. For a more detailed search, enter a keyword, statute, rule or case number in the search box above.
Opinions are also available on the Government Printing Office website for Appellate, District and Bankruptcy cases. The content of this collection dates back to April 2004, though searchable electronic holdings for some courts may be incomplete for this earlier time period.
For a direct link to the Western Wisconsin Bankruptcy Court on-line opinions, visit this link.
Available Decisions:
- Chief Judge Catherine J. Furay -- 2013 - present
- Judge William V. Altenberger -- 2016 - present
- Judge Rachel M. Blise -- 2021 - present
- Judge William H. Frawley -- 1973 - 1986
- Judge G. Michael Halfenger -- 2020 - present
- Judge Beth E. Hanan -- 2023 - present
- Judge Brett H. Ludwig -- 2017 - 2020
- Judge Thomas M. Lynch -- 2018 - present
- Judge Robert D. Martin -- 1990 - 2016
- Judge Katherine M. Perhach -- 2020 - present
- Judge Thomas S. Utschig -- 1986 - 2012
Judge Robert D. Martin
Statute/Rule References:
11 U.S.C. § 523(a)(4) -- Nondischargeability - Fraud in Fiduciary Capacity
14 U.S.C. § 362 -- Automatic Stay
Wis. Stat. § 779.02(5) -- Theft by Contractor
Key Terms:
Fraud - Fiduciary Capacity
Theft by Contractor
Statute/Rule References:
11 U.S.C. § 524 -- Discharge Injunction
11 U.S.C. § 541(c)(2)
Wis. Stat. § 701.06 -- Spendthrift Provisions and Rights of Creditors of Beneficiaries
Key Terms:
Discharge
Divorce Decrees - Post Discharge Enforcement
Due or Payable
Principal Payment
Specificity of Statute
Spendthrift Trust
Turnover of Property
Statute/Rule References:
11 U.S.C. § 522(l) -- Objection to Exemption
Fed. R. Bankr. P. 4004(a) -- Time for Filing Objection to Discharge
Key Terms:
Exemptions - Objection
Statute/Rule References:
11 U.S.C. § 523(a)(6) -- Nondischargeability - Willful and Malicious Injury
Key Terms:
Willful and Malicious - Defined
Statute/Rule References:
Fed. R. Bankr. P. 9011 -- Signing and Verification of Papers
Key Terms:
Sanction
Statute/Rule References:
Fed. R. Bankr. P. 9011 -- Signing and Verification of Papers
Key Terms:
Sanctions
Judge Thomas S. Utschig
Case Summary:
Credit card company brought adversary proceeding against debtors, contending that credit card debt was nondischargeable under 11 U.S.C. § 523(a)(2). Court rejected assumption of the risk approach to credit card debt, the implied representation theory, and the totality of the circumstances test. Instead, court found that the relevant inquiry focuses upon common law of fraud, citing Field v. Mans, 516 U.S. 59, 116 S. Ct. 437, 133 L. Ed. 2d 351 (1995). Under common law of fraud, a promise of future performance is actionable as fraud if, at the time the statement or representation was made, the debtor never actually intended to honor the statement.
Further, the court found that the absence of face to face contact was irrelevant to the inquiry. Debtors still make a representation to the creditor by using the card, given the broad meaning of the term “representation.” That representation, however, is only actionable if the debtors did not intend to honor the promise to pay. Intent is based upon a subjective standard, not an objective reasonable person test. Under this test, the debtors lacked an intent to deceive. Furthermore, the creditor failed to demonstrate justifiable reliance upon any misrepresentations made by the debtors.
Statue/Rule References:
11 U.S.C. § 523(a)(2)(A) -- Nondischargeability - Fraud
Key Terms:
Fraud -- Credit Cards
Case Summary:
Debtors filed adversary proceeding, contending that garnishment payments to creditor within the 90 days preceding bankruptcy constituted a preference under 11 U.S.C. § 547. The “transfer” of the debtor’s wages did not take place until the point at which the debtor earned the wages. Until that time, he had no right to the funds and could not transfer them before that time. As a result, the garnishment of his wages within the 90 days prior to the bankruptcy filing constituted a preference. Citing In re Ballard, 131 B.R. 97 (Bankr. W.D. Wis. 1991).
Key Terms:
Preferences
Case Summary:
Chapter 7 trustee brought motion to have creditor disgorge allegedly improper payments. Court examined stipulations entered into by the debtor while in chapter 11 and concluded that creditor had not acted improperly. Creditor completed construction of motel project, and debtor and certain mortgage holders had opportunity to purchase property. They were unable to do so, and that failure was unrelated to any actions of the creditor.
In a related matter, the bankruptcy court’s denial of the mortgage holders’ motion for an extension of time in which to file an appeal was affirmed by the district court.
Key Terms:
Contract Disputes